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A legal fiction? Pt 2

08 January 2016 / John Murphy
Issue: 7681 / Categories: Features
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In the final article of a two-part series, John Murphy asks if a truth defence in defamation can reduce the damages available in malicious falsehood?

In Pt 1 of this series it was noted that one—in theory, the most reasonable—interpretation of a statement may attract the defence of truth for the purposes of defamation law, yet not eclipse entirely the prospect of liability in the tort of malicious falsehood (see “A legal fiction? Pt 1”, 165 NLJ 7680, p 13). This begs the question of what implications, if any, the availability of this defence is likely to have for a successful malicious falsehood claim based upon a secondary meaning within a given statement. No such issue arose in Cruddas v Calvert [2015] EWCA Civ 171, [2015] All ER (D) 184 (Mar), because, on the facts of that case, the claimant was unable to show malice on the part of the defendant journalists and there was, therefore, no prospect of a successful malicious falsehood claim. It was true that certain readers might well foreseeably understand

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NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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